Tag Archives: Supreme People’s Court

A team from our Shanghai IP Agency and Hogan Lovells Fidelity has recently obtained a remarkable trademark decision for its client ZF and its affiliate ZF TRW Automotive Holdings (“ZF TRW”) before China’s highest court, the Supreme People’s Court (“SPC”). The case revolved around ZF TRW’s opposition action against a trademark application for its brand “TRW,”

China’s SPC reaffirms that OEM does not infringe on Chinese trademarks In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in its November 2015 landmark ruling in the Pretul case, holding that branded

Original equipment manufacturing (OEM) is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China, which is often branded “the factory of the world”, OEM is big business. However, from a trademark

In a recent appeal, China’s Supreme People’s Court (“SPC“) found in favour of Michelin against Sen Tai Da and related parties (“Sen Tai Da“) for trademark infringement. The SPC’s decision is significant in that it authoritatively confirms the emerging trend to take the reputation of a mark into account when determining the level of the

China’s Supreme People’s Court (“SPC“) handed down its final judgment in the controversial Castel case. This judgment was long-awaited, as it provides the first SPC response to what can be called a ‘new generation’ of worrying trademark squatting cases. In the case at hand, the SPC seems to step up its efforts to fence in

As we reported earlier in Specialized IP Courts in Beijing, Shanghai and Guangzhou: Paving the way to more efficient IP litigation?, on August 31, 2014, China’s Standing Committee passed a decision concerning the establishment of specialized IP courts in Beijing, Shanghai and Guangzhou. These three jurisdictions were not picked at random; they are three of

The Chinese courts have long been criticized as unpredictable, but recent trends show the judicial system is gaining expertise in IP, making litigation an easier option to take. There has been an undeniable governmental and judicial focus on IP rights in China over the past decade. The vice president of the Supreme People’s Court of

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